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Read Online (Free) relies on page scans, which are not currently available to screen readers. 124. With a personal account, you can read up to 100 articles each month for free. In order to be constitutional, a policy that discriminates on the basis of sex must be "substantially related to an important government objective.". A SECOND LOOK AT GRIGGS v. DUKE POWER COMPANY: RUMINATIONS ON JOB TESTING, DISCRIMINATION, AND THE ROLE OF THE FEDERAL COURTS Hugh Steven Wilson* THE Supreme Court had its first skirmish with the problem of job testing under Title VII of the Civil Rights Act of 19641 in Griggs v. Duke Power Co.2 The encounter opened the way for the applica-tion of psychometric theory, … Syllabus. Argued December 14, 1970. The Supreme Court established the principle that regardless of an employer's intentions, any employment practice is illegal if it has a "disparate" impact on women or minorities and "if it cannot be shown to be related to job performance."
Virginia Law Review The Supreme Court ruled on the woman's behalf and struck down the Texas law and all similar laws in other states. The Burger Court issued its first important discrimination decision in the landmark case, Griggs v. Duke Power Company (1971). 124 Argued: December 14, 1970 Decided: March 8, 1971. Unlike disparate impact, disparate treatment refers to a purposeful …
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In 1976, it adopted its current standard for sex discrimination. Request Permissions. staffed and directed solely by law students at the University of Virginia School of Law. 1.
©2000-2020 ITHAKA. Argued Dec. 14, 1970. Login via your The existence of disparate impact is sometimes established through the four-fifths (or 80 percent) rule.
The Virginia Law Review is a journal of general legal scholarship published by the students of the University of Virginia School of Law.
In subsequent decisions, the high court ruled against a Utah law setting different ages at which men and women became adults and overturned an Alabama law setting minimum height and weight requirements for prison guards--standards that meant that almost no woman would qualify. United States Supreme Court. The members of the Virginia Law Review Association select and edit all of the pieces The Supreme Court established the principle that regardless of an employer's intentions, any employment practice is illegal if it has a "disparate" impact on women or minorities and "if it cannot be shown to be related to job performance."
The Burger Court issued its first important discrimination decision in the landmark case, Griggs v. Duke Power Company (1971). was permanently organized on April 23, 1913, and today has among its ranks approximately eighty current student members and George W. Ferguson, Jr., for respondent. The continuing objective of the Virginia Law Review is to publish a professional periodical devoted to legal and law-related issues that can be of use to judges, practitioners, teachers, legislators, students, and others interested in the law.
Disparate Impact has been codified in Title VII of the Civil Rights Act since 1991. In 1975, the Burger Court reversed the Warren Court by striking down a Louisiana statute calling for all-male juries.
401 U.S. 424 .
The Supreme Court first used disparate impact discrimination as a legal theory during Griggs v. Duke Power Company (1971). JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways.
The major legislative success of the right to life movement was adoption by Congress of the so-called Hyde Amendment, which permitted states to refuse to fund abortions for indigent women.
The Supreme Court granted certiorari. Decided March 8, 1971. The theory of disparate impact arose from the Supreme Court’s landmark decision in Griggs v. Duke Power Co. (1971), a case presenting a challenge to a power company’s requirement that employees pass an intelligence test and obtain a high-school diploma to transfer out of its lowest-paying department.
The Supreme Court has yet to set an absolute rule that laws and employment practices must treat men and women the same.
© 1972 Virginia Law Review
U.S. Supreme Court Griggs v. Duke Power Co., 401 U.S. 424 (1971) Griggs v. Duke Power Co. No. This item is part of JSTOR collection
All Rights Reserved. The Supreme Court's most controversial decision involving women's rights was delivered in the case of Roe v. Wade (1973). To access this article, please, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. In its ruling, the Court declared that the decision to have an abortion is a private matter of concern only to a woman and her physician, and that only in the last three months of pregnancy could the government limit the right to abortion. Many Americans--including many Catholic lay and clerical organizations--bitterly opposed the Supreme Court's Roe v. Wade (1973) decision and banded together to form the "right to life" movement. In subsequent cases, the Supreme Court legitimized the use of statistics in measuring employment discrimination and approved the use of back pay in compensating discrimination victims. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. The Virginia Law Review is published by the Virginia Law Review Association, an independent publishing institution
On appeal from a district court's dismissal of the claim, the Court of Appeals found no discriminatory practices. hundreds of alumni across the country. Mr. Chief Justice BURGER delivered the opinion of the Court.
First formally organized on April 23, 1913, the Virginia Law Review today remains one of the most respected and influential student legal periodicals in the country. Willie S. GRIGGS et al., Petitioners, v. DUKE POWER COMPANY. GRIGGS v. DUKE POWER CO.(1971) No.
A single, pregnant, Texas waitress, assigned the pseudonym Jane Roe in order to protect her privacy, brought suit against Dallas District Attorney Henry Wade to prevent him from enforcing a 19th-century Texas statute prohibiting abortion. Jack Greenberg, New York City, for petitioners.
institution. 124.